Privacy Policy & Terms of use

Terms of use

The website is to be used exclusively in legally permissible manner and in terms of the contracts to be concluded for tourism services, in particular in compliance with these terms of use. Use in this sense is the information about tourism services and their booking and any other lawful use of the features installed on the site.

In particular:

The user is fully responsible for all actions taken under his name and using his personal data on the website.
The user must be at least 18 years old and fully capable of acting.
The user assures that all information that he provides about his person and / or fellow travelers is true.
The site may not be used for speculative purposes, false or fraudulent bookings, and block bookings.
Threats, coercion, defamation and the transmission of pornographic, racist, inciting or otherwise otherwise unlawful and / or discriminatory material are expressly prohibited.
The website and its content may not be modified, duplicated, transmitted, sold, published or reproduced in any way by the user. However, it is permissible to make a single copy of the Site for private, non-commercial use.
Files containing software or other material that is covered by intellectual property rights or protected by copyright should not be circulated unless the user has such rights or the user has the required permissions obtained.
Files that contain viruses, corrupted files, or software that could damage the operation of a third party computer must not be installed.
Author assignments, legal notices, proprietary notices or markings contained in a loaded file (software or other material) may not be erased or falsified.
Goods or services may not be advertised or offered for sale. Surveys, competitions or chain letters may not be conducted or forwarded.
Access to the website may only be made via the corresponding homepage. In the context of affiliate programs the use of the website requires a prior written agreement with Hotel La Morena Fuengirola S.L

Reservation & Cancelation Policy

Payment Policy:

Credit Card

The credit card provided by the time of booking must be presented at check in time. The hotel reserves the right to pre-authorize the credit card provided and charge the entire amount of the reservation 7 days prior to arrival. If the credit card is not valid, the reservation will be automatically cancelled.

The nights booked can and has to be paid at latest at the time of arrival(check in) (it will be required credit card information for any anomalies that might happen during the stay or if the customer decides to leave without pay). Walk in must be paid at the time of arrival. Payment in cash is only in EUROS. No exceptions.

All additional services will be charged directly in the moment of order/booking.

PETS

Pets are allowed. For any pet there will be an extra charge of 20€ per stay for additional cleaning. Allowed Pets: Cats & Dogs. For the well-being of pets we only accept reservations with pets in rooms with balcony or terrace.

GROUPS

Reservation of more than 5 persons is considered group booking and can not be done through our website. For group bookings, e-mail us directly.

To process a group booking you must pay 30% of it. Until you make this first payment, the booking is not confirmed, and therefore can not be locked rooms, and no refund if cancellation occurs.

Three weeks before date of arrival to the hotel group, should be made full payment of the reservation, and must be paid the remaining 70%. Between the two payments you make changes to your booking. After the second payment we don´t accept changes or partial or total cancellations.

No refund rate reservations have to be paid 100% in the moment of reservation.

Also, we reserve the right to cancel any reservation if the information provided is false or incorrect.

We do the best to try to accommodate you on the type of room you have requested. But due to the nature of our business, we may need to assign another type of room. In this case, the total amount you must pay on arrival will vary slightly from the price of the reservation.

OTHER INFORMATION

The minimum purchase age is 18 years old.

If there is any damage in your room or rooms during your stay, Hotel La Morena Fuengirola S.L reserves the right to charge your credit card the total amount of damage.

Check-out is at 11:00 / 11 am. Customers who do not checkout the room at that time, must pay late checkout. (+20€) Max 12:00 / 12 am

Check-in is from 14:00 / 2pm to 18:00 / 6 pm. Arrivals after 18:00 have to be notified by email, sending us a photocopy of ID card or passport of ALL guests, otherwise your reservation will be automatically considered as No Show. If you arrive before the check-in time, please let us know. We will try to have your room ready if possible.

If you arrive later than expected, please notify to know your arrival time.

Emergency phone number service: If you call the emergency phone number and it's not a emergency we charge +20€. (For example: Main door code is not working, you call us, we have to come and or it was a mistype, You call there are no blankets, we have to come and the blankets are there, the key is not opening the door and we have to come turning out you are trying to enter the wrong room or the key is perfectly working....)

Cancellation Policy

Full refund for cancellations made up to 30 days prior to check-in.(Group and no refund reservations have different cancellation policy)

Betwen 17. June and 15. September you can cancel or modify your reservation up to 96 hours before your arrival date. The hotel will charge the client upon arrival at the hotel for the total amount of the stay. In case of no-show or late cancellation, the hotel will charge 50% of the reservation made. The remaining nights will be released.

From 01/01/ to 16/06/ and 16/9/ to 15/06/

You can cancel or modify your reservation up to 48 hours. The hotel will charge the client on arrival at the hotel for the total amount of the stay. In case of no-show or late cancellation, the hotel will charge 100% of the first night. The remaining nights will be released.

In case of early departure, no refunds will be made. Except for reservations that would be active for more than 7 days from the date of departure. In this case, from the date of departure +3 days, the remaining days will be refunded at 50% till reaching 14 days. After that the refund will be 100%

Special Cancellation Policy:

No refund applies to rooms booked at non-refundable rates (indicated at time of reservation)

LOST & FOUND POLICIY

In accordance with current regulations on the treatment and storage of items found at Hotel Cafe La Morena Fuengirola, our action protocol will be as described below:
1. LOST PROPERTY REGISTER
Once registered in our lost property register and due to the privacy and confidentiality policy of the hotel, the found item will be kept in our office for a period of 24h from the time it is found and registered.
2.CONTACT OF THE GUEST WITH THE HOTEL
If the owner of the object contacts the hotel within the established period of 24h, he/she must indicate the room where he/she was staying, the date of arrival and departure, so that the information contained in our lost and found office can be verified.

After carrying out the appropriate checks, the method of recovery of the object will be agreed with the owner of the object. Hotel La Morena offers to send the objects with the service: www.lhost.it at the expense of the guest.

In the event that the guest does not contact the hotel within the established period of time, or if the hotel is unable to contact the guest, the found object will be discarded.

3.LIABILITY OF THE HOTEL
Hotel Cafe La Morena Fuengirola is not responsible for lost items and does not guarantee that they will be found.

Hotel La Morena Fuengirola Sl Privacy Policy

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
To comply with any applicable laws and regulations.

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at info@hotel-lamorena.com.

Hotel La Morena Fuengirola Sl Privacy Policy

Table of content

A.General Information

1.Legal Basis for Personal Data Processing

2.What personal data do we process and on which legal basis?

3.How do we store and/or transfer your personal data?

4.Third Parties Involved

B.Our Individual Processing Procedures

1.What Do We Do with Your Personal Data?

2.How Long Is Your Personal Data Stored?

3.What Are Your Rights as a Data Subject

4.When We Send Data to a Third Country

5.Data Security

6.Contact Information

7.Current Validity and Amendment of this Privacy Policy

Introduction

Thank you for visiting our website and for your interest. Hotel La Morena Fuengirola SL, Avenida Condes de San Isidro 41, 29640 Fuengiolra, Spain and all affiliated companies (hereinafter: “Hotel La Morena/we/us”) attaches great importance to the protection of your personal data. Therefore, we always follow the applicable legislation when processing your personal data.

A. General Information

This Privacy Policy applies to Hotel La Morena Fuengirola SL and its subsidiaries. It is intended to meet the requirements of the EU General Data Protection Regulation (“GDPR”) and the Spanish Federal Data Protection Act SFDPA . However, whether and to what extent these regulations are applicable and whether additional or other national/local laws apply depends on the individual case.

To facilitate readability, this Privacy Policy is based on the terms used in the GDPR.

1. Legal Basis for Personal Data Processing

Both the GDPR and the SFDPA require personal data to generally be processed lawfully, in good faith, as well as proportionately, transparently, and for a specific purpose. In addition, the principles of data minimisation, accuracy, restriction of storage, integrity, and confidentiality (“principles of processing”) apply.

According to the FDPA, personal data can be processed generally without any additional legal basis if the principles of processing are followed, with just a few exceptions. The same principles of processing apply to the GDPR, but a legal basis for the processing must also be specified for each processing activity.

According to the FDPA, the privacy policy must provide the contact information of the controller, as well as list the processing and the purpose, along with the recipient category (e.g., cloud service provider) and the location of processing. In addition, the legal basis and any balancing of interests must be specified pursuant to the GDPR.

2. What personal data do we process and on which legal basis?

Below we show which personal data we process and based on which processing basis (legal basis).

2.1 Data Categories: Technical data and access data

Data: Data on website provision and access data, e.g., IP address, duration, date and time of your visit, search terms, country, name of your internet service provider, web browser, operating system, website from which you visit us.

Processing basis: Art. 6 (1) clause 1 lit. f) GDPR (overriding legitimate interests).

2.2 Data Categories: Signup and login data

Data: Data that you provide yourself, e.g., first name and surname, address, membership number, e-mail, title, password

Processing basis: Art. 6 (1) clause 1 lit. f) GDPR (overriding legitimate interests) and Art. 6 (1) clause 1 lit. b) GDPR (initiation, entering into, and performance of a contract).

2.3 Data Categories: Communication data

Data: Data that you provide yourself, e.g., first name and surname, e-mail, telephone number, membership number, data provided by you.

Processing basis: Art. 6 (1) clause 1 lit. f) GDPR (overriding legitimate interests).

2.4 Data Categories: Master data and contractual data

Data: Data that needs to be collected is, e.g., first name and surname, address, e-mail, title, membership number.

Processing basis: Art. 6 (1) clause 1 lit. b) GDPR (initiation, entering into, and performance of a contract).

2.5 Data Categories: Behaviour and preference data

Data: Data for optimisation of targeting, the website, and to increase customer satisfaction.

Processing basis: Art. 6 (1) clause 1 lit. f) GDPR (overriding legitimate interests) and, in part, Art. 6 (1) clause 1 lit. a) GDPR (consent).

2.6 Data Categories: Newsletter requests

Data: Data entered in the signup form, analysis of user behaviour to optimise the target group

Processing basis: Art. 6 (1) clause 1 lit. a) GDPR (consent).

2.7 Data Categories: Online applications

Data: Data that you provide yourself, e.g., application documents.

Processing basis: Art. 6 (1) clause 1 lit. b) GDPR (initiation of a contract) and in case of longer retention Art. 6 (1) clause 1 lit. a) GDPR (consent).

3. How do we store and/or transfer your personal data?

In the following table, you can see which personal data are stored and in what manner, and when personal data is transferred to third parties. In addition, we inform you, e.g., whether we do profiling or combine personal data.

Which personal data are stored on the end device of the website user?

Cookies and other technologies (see section “When Activating Cookies and Analytics Tools in Your Browser”)

Are the personal data sent to a third party?

We send personal data to third parties. For more information see the section “Third Parties Involved” or the corresponding processing.

Do you do profiling? No.

Do you combine personal data? No.

Do you send personal data within the EU/EEA? Yes.

Do you send personal data outside of the EU/EEA? Yes.

4. Third Parties Involved

We sometimes use external service providers to provide our services, and we send personal data to them. These service providers are contractually required to handle personal data with as much care as we do. Furthermore, we cooperate with affiliated companies outside the EU/EEA.

If a recipient is located in a country without adequate statutory data protection, we contractually require the recipient to comply with the applicable data protection regulations (to do this we use the latest new standard contractual clauses of the European Commission found here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?) unless it is already subject to a legally recognized set of data protection regulations, and we cannot rely on an exemption clause. An exemption may apply in particular if a contract requires such disclosure, if you have given your consent to the transfer, or if you have made the data generally accessible and you have not objected to their processing.

Below, we list the third parties we currently use and the possible locations of your personal data processing. Please note these third parties’ latest applicable privacy policies, which we have linked for you.

Hosting, Cloud: Google, Cloudflare; EU, Schwitzerland, USA

Communications: Google, Salesforce, Guuru, Disqus, Mailgun, Emarsys, Calendly; EU, Schwitzerland, USA

Archiving: Open Text, Therefore; Schwitzerland, Canada, USA

Marketing: Google, Salesforce, Emarsys, Mailgun, Meta, Unbounce; EU, Schwitzerland, USA

Social Media: Meta, LinkedIn, Pinterest, X (Twitter), Kununu, XING;EU, Schwitzerland, USA

Analysis: Google, Emarsys, Meta, Hotjar, Piwik; EU, Schwitzerland, USA

Other: One Trust (Cookie-Banner), Saferpay (Paymentanbieter), Siteminder (booking management system), video monitoring service provider; EU, Schwitzerland, USA

B. Our Individual Processing Procedures

Below you will find the individual processing activities in connection with your personal data and how we handle them.

1. What Do We Do with Your Personal Data?

1.1 When Using Our Website and App or Trying to Contact Us

1.1.1 Purpose

When you use our website or app, we collect the IP address of your end device and other technical information to guarantee the functionality and security of our website and app. This data includes protocols that record the use of our systems or technically necessary cookies/identifiers.

In addition, you have the option of getting in touch with us using various channels, such as the contract form, our live chat, by e-mail or phone. We collect the personal data you provide to us for this purpose.

1.1.2 Legal Basis

The processing of your personal data is necessary for the provision and operation of this website and the app, as well as the communication via this website, and is based on our legitimate interests in maintaining online presence and an exchange with interested parties, visitors, and partners of Hotel La Morena Fuengirola SL . The processing of certain personal data (such as the IP address) is technically necessary for the functionality of this website and app, including the features made available, the IT security measures, and any potential legal action. The handling of corresponding personal data is necessary for communication with us.

1.1.3 Balancing of Interests

In the scope of balancing of interests, we have weighed your interest in confidentiality and our interests in providing this website and app, as well as establishing contact. In this case, your interest in confidentiality is overridden. Otherwise, we would not be able to make this website available to you or respond to your requests.

1.1.4 Recipient Categories

We contract cloud and communication service providers (section “Third Parties Involved”) for the operation of our website and the app, and send personal data to these service providers in this context. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.2 When We Would Like to Offer Similar Products or Services to You

1.2.1 Purpose

We process your personal data and send you relevant e-mails for the purpose of direct advertising of our own and similar products and/or services, for example, if you have signed up for our services. We do this only if we have explicitly informed you when collecting the necessary data and any time we use it that you have the right to opt out of processing without incurring any other costs except for the costs of transmission based on the basic rate and provided that you have not opted out of processing.

1.2.2 Legal Basis

The processing of your personal data is based on our legitimate interests.

1.2.3 Balancing of Interests

In the scope of balancing of interests, we have weighed your interest in confidentiality against our interests in data processing. In this case, your interest in confidentiality is overridden. Otherwise, we would not be able to send you any direct advertising. However, you may opt out of the processing of your data any time. To do this, simply contact info@hotel-lamorena.com.

1.3 When Using Our Hotel La Morena Fuengirola SL Online Portal

1.3.1 Purpose

Signing up on our website and setting up a user account is necessary in order to get access to the Hotel La Morena Fuengirola SL online portal (also known as “member area” or “customer area”) and to make bookings and payments. Furthermore, we use an external payment provider for payment processing on our website, for example, to pay for a aparment reservation.

1.3.2 Legal Basis

We process your personal data to initiate, enter into, and perform the respective contract.

1.3.3 Recipient Categories

We contract cloud, as well as communication, payment processing, and archiving service providers (section “Third Parties Involved”) for the operation of our portal and the management of our contractual partners, and send personal data to these service providers in this context. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to our strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.4 When Using Third-Party Portals to Book Rooms

1.4.1 Purpose

Along with our Hotel La Morena Fuengirola SL online portal, we offer the option of making bookings and apartment reservations via third-party platforms. We process the necessary personal data that you provide to us for this purpose.

1.4.2 Legal Basis

We process your personal data to initiate, enter into, and perform the respective contract.

1.4.3 Recipient Categories

We contract cloud and booking management service providers (section “Third Parties Involved”) to efficiently manage booking requests that come in via third-party portals. This enables seamless integration and management of bookings received via third-party platforms in our system. The above-mentioned service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to our strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.5 When Using Our Blog

1.5.1 Purpose

You have access to blog features within our website, such as the comments function. We process the personal data you provide to us for this purpose.

1.5.2 Legal Basis

The processing of your personal data to provide such a blog is based on our legitimate interests. The processing of certain personal data (e.g., your IP address, your post text, your name, your pseudonym) is necessary for the use of these blog features.

1.5.3 Balancing of Interests

In the scope of balancing of interests, we have weighed your interest in confidentiality and our interests in providing the blog feature. Your interest in confidentiality is overridden. Otherwise, we would not be able to provide the blog features to you.

1.5.4 Recipient Categories

We contract cloud and communication service providers (section “Third Parties Involved”) for the operation of our website, including the blog feature, and send personal data to these service providers in this context. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.6 When Taking Advantage of Our “Try Out Hotel La Morena” Offer

1.6.1 Purpose

You have the option of trying our products and services through our “Try Out Hotel La Morena” offer. To do this, you have to sign up on a special website we set up for this purpose. We process the personal data you provide to us in the scope of our offer to ensure the best possible experience for you.

1.6.2 Legal Basis

We process your personal data to initiate, enter into, and perform the respective contract. In addition, the processing of your personal data is based on our legitimate interests.

1.6.3 Balancing of Interests

In the scope of balancing of interests, we have weighed your interest in confidentiality against our interests in data processing. In this case, your interest in confidentiality is overridden. Otherwise, we would not be able to provide the best possible experience to you in the scope of our “Try Out Hotel La Morena” offer. However, you may opt out of the processing of your data any time. To do this, simply contact info@hotel-lamorena,com

1.6.4 Recipient Categories

We contract cloud, communication, payment processing, as well as archiving service providers (section “Third Parties Involved”) to be able to provide our “Try Out Hotel La Morena” offer, and send personal data to these service providers in this context. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.6.5 Erasure

In addition, we erase the personal data provided by you as soon as you are no longer interested in our “Try Out Hotel La Morena” offer.

1.7 When Giving Your Consent

You can give us consent for various purposes.

1.7.1 Legal Basis

Your consent is the legal basis for the corresponding data processing (Art. 6 (1) lit. a) GDPR), along with the national laws such as the Spanish Federal Unfair Competition Act (“UCA”).

1.7.2 Recipient Categories

When you provide your consent, we inform you about which recipients we forward you personal data to. We use external service providers for this purpose and send personal data to them. These service providers are bound by contract to process personal data with as much care as we ourselves do.

If a data recipient is based outside of Switzerland, the European Union (EU), or the European Economic Area (EEA), this is normally considered data transmission to a third country. For details about this, see the section “Data Transmission to Third Countries” and the section “Third Parties Involved”.

1.8 When Signing Up for Our Newsletter

1.8.1 Purpose

You can provide the necessary consent on our website to sign up for our newsletter. In this process, we collect the personal data that you enter in the registration form. Furthermore, we analyse your usage behaviour to further optimise our newsletter and align it better with our target group.

1.8.2 Legal Basis

Your consent is the legal basis for signing up for the newsletter and for analysing your usage behaviour. You may revoke this consent at any time for the future. To do this, simply contact info@hotel-lamorena.com or unsubscribe from the newsletter directly by clicking on “Unsubscribe” in any of our newsletters.

1.8.3 Recipient Categories

We contract communication service providers (section “Third Parties Involved”) to send out our newsletter and send personal data to these service providers in this context based on your consent. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.9 When Applying for a Job at Hotel La Morena Fuengirola SL

1.9.1 Purpose

You have the option of applying for a job with us by post, e-mail, or through our online portal. All data that you enter in the application process and/or provide to us is processed for this purpose.

1.9.2 Legal Basis

We process your personal data to initiate, enter into, and perform the respective contract (employment contract) and store your application documents for a maximum of 12 months after your last consent to storage. Furthermore, we store your personal data to assert, exercise, or defend ourselves against any possible legal claims for up to six months after submission.

1.9.3 Recipient Categories

We contract cloud and communication service providers (section “Third Parties Involved”) for the application process and send personal data to these service providers in this context. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.10 When Using Third-Party Services via Our Website

We integrate third-party services on our website, so that you can use them to enjoy a better user experience.

1.10.1 Google

We use maps services (Google Maps) and bot protection technologies (Google reCaptcha). These services are provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

1.10.2 1.10.3 Legal Basis

Your personal data is processed to provide the above-mentioned services based on your consent, which you have given to us in the cookie banner. You may revoke your consent here at any time.

1.10.4 Recipient Categories

Personal data is sent to the USA due to the use of these services. For more information please see the section “When We Send Data to a Third Country” and the section “Third Parties Involved”.

1.11 When Using Social Media Technologies

1.11.1 Purpose

We use social media platforms and integrate social media plug-ins on our website to interact with our users, to share information and content, and to present our services or invite to events. These plug-ins enable you to share content directly to your social media profiles or to interact with it. For this purpose, we process data that you provide to us through your activities on these platforms or by using the plug-ins, as well as data provided by the platform operators. Depending on the social media service used, we have the option of analysing user data to improve the design and effectiveness of our presence on these platforms. You can manage your privacy settings on a social media platform yourself.

1.11.2 Legal Basis

The processing of your personal data is based on our legitimate interests. We process your personal data with regard to the plug-ins only with your consent. You may revoke your consent at any time, most easily via our cookie manager.

1.11.3 Balancing of Interests

1.11.4 Recipient Categories

Personal data is sent to the USA due to the use of these services. For more information please see the section “When We Send Data to a Third Country” and the section “Third Parties Involved”.

1.12 When Activating Tracking Technologies and Analytics Tools in Your Browser

1.12.1 Purpose

We use our website cookies, pixels, scripts (“tracking technologies”) and analysis tools to do our marketing and to improve user experience. This comprises the personalisation of content and advertisement, the provision of social media features, and the analysis of our traffic. In addition, tracking technologies and tools help us learn more about how our website is used, which enables us to continue to improve and optimise our services.

1.12.2 Legal Basis

The processing of your personal data using tracking technologies and analytics tools is based on your express consent; this excludes technically necessary cookies/identifiers (see section 1.1 “When Using Our Website”), in which case the legal basis is our overriding legitimate interests. When you visit our website for the first time, you will be asked to consent to the use of cookies through our cookie banner. You may revoke your consent at any time.

1.12.3 Recipient Categories

We use cloud, analytics, marketing, as well as communication service providers (section “Third Parties Involved”) and send personal data to these service providers in this context. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.13 When Staying in One of Our Resorts

1.13.1 Purpose

In our resorts we collect and process data to exercise the rights of abode and to provide accommodation services and the associated ancillary and additional services, such as filling out arrival forms, check-in, restaurant table reservation, order and pick-up or delivery of food and drinks.

In addition, we collect and manage all business transactions to perform our contractual obligations to customers, guests, and suppliers. This includes invoicing, bank and credit card payments, dunning, debt collection, provision of information by phone, and written correspondence.

1.13.2 Legal Basis

We process your personal data to initiate, enter into, and perform the respective contract. Furthermore, the processing of your personal data is based on our legitimate interests.

1.13.3 Balancing of Interests

In the scope of balancing of interests, we have weighed your interest in confidentiality against our interests in data processing. In this case, your interest in confidentiality is overridden. Otherwise, we would not be able to offer you certain ancillary and additional services. However, you may opt out of the processing of your data any time. To do this, simply contact info@hotel-lamorena.com

1.14 Use of Video Monitoring

1.14.1 Purpose

We use video monitoring systems in our resorts to ensure the safety of our employees, guests, and property.

1.14.2 Legal Basis

The processing of your personal data is based on our legitimate interests.

1.14.3 Balancing of Interests

In the scope of balancing of interests, we have weighed your interest in confidentiality against our interests in data processing. In this case, your interest in confidentiality is overridden. We store the recordings for up to seven days to assert, exercise, or defend ourselves against any possible legal claims. However, you may opt out of the processing of your data any time. To do this, simply contact info@hotel-lamorena.com

1.14.4 Recipient Categories

We contract cloud and video monitoring service providers (section “Third Parties Involved”) and send personal data to these service providers in this context. These service providers are bound by contract to process personal data with as much care as we do. In addition, they are subject to our strict data privacy regulations and are integrated in Hotel La Morena Fuengirola SL data privacy plan.

1.15 When Processing Your Health Data

1.15.1 Purpose

When you visit our food establishments, you can inform us voluntarily about any allergies or intolerances that are relevant for your safety and well-being. This data is collected exclusively to ensure that you enjoy meals and accommodation that are safe and match your health needs during your stay and future visits.

1.15.2 Legal Basis

The processing of your personal data is based on your consent. This consent is entirely voluntary and you may revoke it at any time. We process your personal data only for as long as you give us consent to do so.

2. How Long Is Your Personal Data Stored?

We process your data for as long as required by our processing purposes, the legal retention periods, and our legitimate interests in the processing for documentation and evidence purpose, or for as long as storage is technically necessary. Depending on the data category, this comprises a period of six months to ten years. As regards the video monitoring, we store the recordings for a period of up to seven days.

If there are no legal or contractual obligations to the contrary, we erase or anonymise your data after the expiry of the retention or processing period in the scope of our standard processes.

The laws valid in the respective countries apply to the Hotel La Morena Fuengirola SL subsidiary companies.

3. What Are Your Rights as a Data Subject

To exercise your rights or to revoke your consent, please contact us using the contact information provided below (section 6.2). You can exercise the following rights:

Right to information: You may request information about your personal data being processed by us.

Right to rectification: You may request rectification of your inaccurate personal data or completion of your incomplete personal data.

Right to erasure: You may request the erasure of your personal data in specific circumstances.

Right to restriction of processing: You may request the restriction of processing of your personal data in certain cases.

Right to data portability: You may receive your personal data, which you have provided, in a common format and send it to others.

Right to object: You may object to the processing of your personal data.

Right to revoke consent: If you have given consent to data processing, you may revoke it at any time.

4. When We Send Data to a Third Country

Personal data is never sent to a third country without an appropriate level of data protection or unless an adequate level of data protection is ensured through contractual obligations, for example, by using the latest new EU standard contractual clauses.

The legal basis for a data transfer without additional protection measures, in particular without the EU standard contractual clauses, is generally based on your consent (Art. 49 (1) clause 1 lit. a GDPR) or the need to perform a contract (Art. 49 (1) clause 1 lit. b GDPR).

Data Privacy Frameworks are established for the data transfer between the EU and the USA, as well as Switzerland and the USA. Whereas the EU has already established an appropriate protection level for the EU–US Data Privacy Framework, the determination of such a level by the Swiss Federal Council with regard to the Swiss–US Data Privacy Framework is still pending. Until such determination is made, the data transmission between Switzerland and the USA is based on the general principles of data processing pursuant to Art. 6 to 8 FADP, in conjunction with additional guarantees such as the EU standard contractual clauses pursuant to Art. 6 (2) FADP. Without this determination, the data transmission is based either on your express consent pursuant to Art. 17 (1) lit. a FADP or on contract performance pursuant to Art. 17 (1) lit. b FADP.

These frameworks, provided they are ratified by the authorities, enable data transmission to the USA in compliance with the GDPR and FADP, and guarantee data processing that ensures all rights of the data subjects under EU and Swiss law. Whether a specific data processor in the USA is part of these frameworks can be verified in each case.

5. Data Security

Data security is our top priority. We use advanced technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction, or unauthorised third-party access. Our security measures are being continuously improved and adapted in line with technological developments. Our employees are bound by confidentiality and are regularly trained on data protection and data security.

6. Contact Information

6.1 Controller and Representative in the EEA

Controller

Hotel La Morena Fuengirola SL, Av. Condes de San Isidro 41, 29640 Fuengirola, Spain

Representative in the EEA

Hotel La Morena Fuengirola SL, Av. Condes de San Isidro 41, 29640 Fuengirola, Spain

6.2 Contact Address

If you would like to exercise your data subject rights or have questions/concerns about this Privacy Policy, please write to the following address:

Hotel La Morena Fuengirola SL, Av. Condes de San Isidro 41, 29640 Fuengirola, Spain Tel.: +34 951162225 E-mail: info@hotel-lamorena.com

7. Current Validity and Amendment of this Privacy Policy

This Privacy Policy can be amended in the course of time, in particular if we change the way in which we process data or if new legislation becomes applicable.

Hotel La Morena Fuengirola SL

Fuengirola, September 2024

Conditions of Use of Hotel La Morena Websites and Apps

Table of content

1.Scope of application

2.Use of the websites

3.User account

4.Cookies

5.Disclaimer

6.Links (“links”) to other web pages

7.Software

8.Intellectual property

9.Data privacy

10.Final provisions

1. Scope of application

1.1 All use of this or other websites operated by Hotel La Morena Fuengirola SL, its subsidiaries or other affiliated companies, including any subdomains and apps (hereinafter referred to for the sake of simplicity as “websites”) is subject to the following conditions of use (“conditions”).

1.2 By using the websites and/or registering or creating an online account (“user account”), the website visitor (“user”) accepts these conditions.

2. Use of the websites

2.1 The websites are available exclusively to natural persons and legal entities capable according to prevailing law of concluding legally binding contracts, for personal and non-commercial use.

2.2 The websites may only be used in the manner permitted by law and for the purpose of contracts to be concluded for services of Hotel La Morena Fuengirola SL in accordance with these conditions. Hotel La Morena Fuengirola SL reserves the right to eliminate all breaches of these conditions, terminate access to the websites and/or block future access to the websites, demand forbearance in case of risk of repetition and claim damages. These legal remedies supplement other remedies to which Hotel La Morena Fuengirola SL may be entitled by law or in equity.

The following applies in particular:

The user bears full responsibility for all actions carried out on the websites in their name and using their personal details.
The user affirms that all information that they provide about their person and/or fellow travellers is true.
The user is prohibited from copying, distributing, conveying, displaying, reproducing, publishing, licensing, processing, transmitting or selling the websites and their contents. Copying and printing for personal and non-commercial purposes are exempted from this prohibition.
Copyright, trademark or other proprietary notices placed on the websites or the contents contained therein may not be removed, altered, circumvented or impaired.
The websites may not be used for speculative purposes, incorrect or fraudulent bookings or block bookings.
Threats, coercion, defamations and the transmission of pornographic, racist, hateful or otherwise unlawful and/or discriminatory material are expressly prohibited.
The user is prohibited from uploading or in any other way making accessible files containing images, photographs, software or other material protected by intellectual property rights such as copyright or trademark laws (or rights to privacy and the protection of personality rights) unless they are the holder of such rights or have obtained all necessary consents for this.
Materials or information (including images and photographs) made accessible by the websites may not be used in a manner that violates copyrights, trademark rights, patents, business secrets or other protected rights of a party.
The user is prohibited from uploading files with viruses, Trojan horses, worms, “time bombs” or cancelbots, or damaged files or comparable software or programmes that could impair the operation of another computer or third-party property.
The user is prohibited from carrying out data mining, data harvesting, data extraction, scraping or other similar activities in connection with these websites or while using these websites.
Accessing the websites via an automated system, including, but not limited to spiders, offline reading devices, robots etc. or via other measures that could impair the infrastructure and/or its availability is prohibited.
The author, legal notices, ownership designations or markings contained in a loaded file (software or other material) may not be deleted or distorted.
Use of the websites within the framework of affiliate programmes requires a prior written agreement with Hotel La Morena Fuengirola SL. Links (“links”) may not be shown through integration into the subdomain of an HTML site (“frames”) without the prior written consent of Hotel La Morena Fuengirola SL.

2.3 All boards, blogs, chat rooms and other communication forums (“forums”) comprise public and not private communication. All third-party contents in these forums are neither reviewed nor approved by Hotel La Morena Fuengirola SL prior to their posting. Hotel La Morena Fuengirola SL accepts no liability for their content. Hotel La Morena Fuengirola SL reserves the right to remove all contents from forums that have been communicated or forwarded by users without notice.

2.4 Hotel La Morena Fuengirola SL reserves the right to withdraw, restrict, amend, block access to or fully discontinue the websites and the services and information accessible to users on these at any time, without prior notice and at the absolute discretion of Hotel La Morena Fuengirola SL. This also includes carrying out improvements or changes to the information, services, products and other materials on the websites at any time without prior notice.

3. User account

3.1 The user can manage their personal details in their user account. The user will find in their user account among other things information about their product(s) and points (“points”) and any bookings they have made, their payments (including management of payment details) and their documents. The user can also make bookings there directly if need be and access further services.

3.2 By creating a user account, the user declares their consent to Hotel La Morena Fuengirola SL making their personal details available to them in the user account. If the user account is created by customer services, the user declares their consent to their password being sent by e-mail or surface mail to their e-mail or home address registered with Hotel La Morena Fuengirola SL. The user undertakes to notify Hotel La Morena Fuengirola SL if they do not receive the password within the normal postal delivery period after requesting it.

3.3 Only legal entities and natural persons aged at least 18 years are permitted to create a user account. The user may not register more than one user account or transfer their user account to someone else.

3.4 The user can deactivate their user account at any time. In this case it will not be possible to make any more online bookings and the user will no longer be able to manage their documents stored in the user account. Hotel La Morena Fuengirola SL will in this case also send future written correspondence to the last e-mail address provided.

3.5 The user is obliged to treat their passwords in confidence and protect them against access by unauthorised third parties.

3.6 Should the user discover that a third party has received unauthorised knowledge of their password, they are obliged to change the password in their user account without delay, request Hotel La Morena Fuengirola SL to block the user account concerned or request a change of password in writing by e-mail or post. The user is furthermore obliged to notify Hotel La Morena Fuengirola SL immediately of all bookings at their expense that they have not authorised.

3.7 The details stored in the user account (especially home address, telephone number(s) and e-mail address) are binding for Hotel La Morena Fuengirola SL. The user is obliged to specify their personal details correctly and as far as possible to update them in their user account or request Hotel La Morena Fuengirola SL in writing by e-mail or post to update the details.

3.8 The documents delivered via e-mail to the user account have the same validity as paper documents and are deemed to have been delivered upon arrival in the user account. The documents are available in the user account for two years.

3.9

3.10 Hotel La Morena Fuengirola SL is authorised to deny a user the use of their user account in the event of gross or repeated violation of prevailing law, these Conditions of Use and/or resort-specific house regulations, and in the event of improper and/or disruptive behaviour towards other guests and Hotel La Morena Fuengirola SL staff during or outside a stay.The user is responsible for the conduct of their fellow travellers.

3.11 By specifying their e-mail address and telephone number(s), the user consents to Hotel La Morena Fuengirola SL contacting them via such e-mail address and telephone number(s) within the scope of the business relationship (with the exception of advertising purposes) and the future exchange of written correspondence by e-mail.

3.12 Hotel La Morena Fuengirola SL shall only bear liability for the inadequate security of the user account in the event of gross negligence.The user bears full liability for risks and damages arising from manipulation of the user’s electronic data processing system or misuse of the password.

3.13 The encryption of user data accessible to the user via the password takes place through the TLS protocol (transport layer security).

4. Cookies

Hotel La Morena Fuengirola SL makes use of cookies to facilitate use of the websites and obtain clues for improving the information and services accessible via the websites. Detailed information about cookies can be found in the privacy policy of Hotel La Morena Fuengirola SL.

5. Disclaimer

5.1 The information provided on the websites is carefully reviewed and regularly updated. Hotel La Morena Fuengirola SL endeavours to keep the websites complete, correct and fully up to date. To the extent permitted by law, Hotel La Morena Fuengirola SL offers no assurances or guarantees that the content is complete, correct or up to date.

5.2 To the extent permitted by law, Hotel La Morena Fuengirola SL offers no assurances or guarantees that the websites meet user requirements, do not violate third-party rights, are compatible with all software and hardware or that they are secure.

5.3 To the extent permitted by law, Hotel La Morena Fuengirola SL disclaims liability for all direct or indirect losses incurred by users or third parties from access to, use of or due to lack of or limited availability of the websites and their content or another web page to which reference is made.

6. Links (“links”) to other web pages

The websites may contain links to web pages of other providers. Hotel La Morena Fuengirola SL offers no guarantee of the functionality of these links and, to the extent permitted by law, accepts no liability for their contents or for losses sustained from making use of the contents of such web pages. The inclusion of links on the websites does not entail any approval or endorsement of the web page itself (all contents and graphics) or the parties controlling the latter.

7. Software

7.1 Hotel La Morena Fuengirola SL and/or its partner companies are the owners of all property rights to the computer programmes written in machine code (“software”) that Hotel La Morena Fuengirola SL makes available for download on the websites and/or that are otherwise operated on or in connection with the websites. The unauthorised use, reproduction or circulation of such software is expressly prohibited.

7.2 Use of the software may be governed by a special agreement (“licence agreement“) and other conditions. The user is informed in detail in advance about the necessity of such an agreement. The user may not install, copy or use any software with which a licence agreement is enclosed or that contains a licence agreement without first declaring their consent to the conditions of the licence agreement.

7.3 Any reproduction of the software on other servers and/or data carriers for the purpose of further reproductions is expressly prohibited. The same applies to backtracking through reverse engineering, decompilation and/or disassembly.

8. Intellectual property

8.1 Unless explicitly indicated otherwise, Hotel La Morena Fuengirola SL is the owner of the data, contents, copyright, trademark and other (property) rights contained on the websites (“contents”) (or the contents have been specifically licensed by Hotel La Morena Fuengirola SL or partners).

8.2 The user has no rights or licences to make use of the Hotel La Morena Fuengirola SL trademarks.

8.3 Unless explicitly indicated otherwise, without the written consent of Hotel La Morena Fuengirola SL the websites and their contents may only be used for the purposes stated in these conditions and in the text on the websites.

8.4 Hotel La Morena Fuengirola SL reserves the right to prosecute each infringement of its rights and eliminate breaches, to demand forbearance in case of risk of repetition and to claim damages.

9. Data privacy

9.1 The responsible party and point of contact for data protection is Hotel La Morena Fuengirola SL, Avenida Condes de San Isidro 41,29640 Fuengirola España. The provisions of both the Spanish Federal Act on Data Protection and the European General Data Protection Regulation (GDPR) apply to the processing of personal data.

9.2 The user can contact the data protection officer of Hotel La Morena Fuengirola SL with all questions and concerns regarding data protection and the assertion of rights, Detailed information for users about data protection can be found at Privacy Policiy

10. Final provisions

10.1 Hotel La Morena Fuengirola SL reserves the right to amend these conditions at any time. Such changes shall become binding for the user when they first make use of the websites following publication. The user is advised to retrieve and take note of the latest version of the conditions on a regular basis.

10.2 In the event of a contradiction between the current version and a previous version, the current and valid provisions shall take precedence. Provisions to the contrary of this are expressly reserved.

10.3 Should individual provisions of these conditions be or become invalid, this shall not affect the validity of the other provisions.

10.4 These conditions are governed exclusively by Spanish law to the exclusion of conflict-of-law rules, especially those of the Federal Act on International Private Law (IPLA).

10.5 The court having jurisdiction over the registered office of Hotel La Morena Fuengirola SL shall be responsible for resolving any disputes arising from these conditions.

Hotel La Morena Fuengirola SL

Fuengirola, September 2024